Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 10 August 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Michele Colucci (Italy), member
Mick McGuire (England), member
Mario Gallavotti (Italy), member
Mohamed Mecherara (Algeria), member
on the claim presented by the club
Club A, X,
as Claimant
against the club
Club B, Y
as Respondent
regarding a solidarity mechanism dispute
in connection with the transfer of the player C.
I.
Facts of the case
1.
The player C (hereinafter: the player), of X nationality, was born on 8 December
1979.
2.
According to the written confirmation received from the X Football Federation,
the player was registered for the club A (hereinafter: the Claimant), from 1
January 1990 to 3 January 2000. According to the X Football Federation, during
this period of time, the football season in X started on 1 January and finished on
31 December.
3.
The Y Football Federation confirmed that the player was registered for the club B
(hereinafter: Respondent), on 28 July 2006.
4.
On 31 October 2006, the Claimant contacted FIFA to demand a solidarity
contribution payment from the Respondent in connection with the transfer of the
player from the Z club D (hereinafter: D), to the Respondent for a transfer
compensation amounting to EUR 3,500,000.
5.
The Claimant affirms that it is entitled to 70.08% of 5% of the transfer
compensation, i.e. the sum of EUR 122,631.76. Furthermore, it is claiming interest
of 5% p.a. to be applied as from 30 days of the date on which the player was
registered for the Respondent. Finally, the Claimant is demanding that disciplinary
measures be imposed upon the Respondent.
6.
The Respondent, on the other hand, is not contesting the Claimant’s entitlement
to solidarity contribution. However, the club B is contesting the accuracy of the
Claimant’s calculations. According to the Respondent, the solidarity contribution
payable to the Claimant should actually be 2.775% of the transfer compensation,
i.e. EUR 97,125. The detailed calculations submitted by the Respondent are based,
among other things, on the number of days that the player effectively played for
the Claimant and take into account a training period starting from 8 December
1991 (the date of the player’s 12th birthday). Finally, for its calculations, the
Respondent used seasonal dates that were different to those supplied by the X
Football Federation (1 July to 30 June as opposed to 1 January to 31 December).
7.
After having been requested to do so, the Respondent provided a copy of the
relevant transfer contract that confirmed that the parties had agreed on a transfer
compensation amounting to EUR 3,500,000. According to this contract, the sum of
EUR 250,000 would be added to this amount if the Respondent successfully
qualified for the 2007-2008 UEFA Champions League, which, in fact, has not
transpired.
_______________________________________________________________________________________________________________
Solidarity Contribution for the player C
(Club A, X / Club B, Y)
2
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber analysed whether it was competent to
deal with the matter at stake. In this respect, it referred to art. 18 par. 2 and 3 of
the Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber. The present matter was submitted to FIFA on 31
October 2006, as a consequence the Chamber concluded that the revised Rules
Governing Procedures (edition 2005) on matters pending before the decision
making bodies of FIFA are applicable to the matter at hand.
2.
With regard to the competence of the Chamber, art. 3 par. 1 of the abovementioned Rules states that the Dispute Resolution Chamber shall examine its
jurisdiction in the light of articles 22 to 24 of the current version of the
Regulations for the Status and Transfer of Players (edition 2005). In accordance
with art. 24 par. 1 in connection with art. 22 (d) of the aforementioned
Regulations, the Dispute Resolution Chamber shall adjudicate on disputes
between two clubs belonging to different Associations related to solidarity
mechanism.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to
decide on the present litigation concerning the distribution of the solidarity
contribution claimed by the Claimant in connection with the transfer of the
professional player C during the course of a contract.
4.
Subsequently, the members of the Chamber analysed which edition of the
Regulations for the Status and Transfer of Players should be applicable as to the
substance of the matter. In this respect, the Chamber referred to art. 26 par. 1 and
2 of the Regulations for the Status and Transfer of Players (edition 2005) in the
modified version in accordance with the FIFA circular no. 995 dated 23 September
2005. Furthermore, it acknowledged that the professional had been registered for
his new club on 28 July 2006. Equally the Chamber took note that the claim was
lodged at FIFA on 31 October 2006. In view of the aforementioned, the Chamber
concluded that the current FIFA Regulations for the Status and Transfer of Players
(edition 2005, hereafter: the Regulations) are applicable to the case at hand as to
the substance.
5.
In continuation, and entering into the substance of the matter, the members of
the Chamber started by acknowledging that, as established in art. 21 and annex 5
of the Regulations, the new club of the player is to distribute 5% of any
compensation, with the exception of training compensation, paid to the previous
club to the club(s) involved in the training and education of the player in
proportion to the number of years the player has been registered with the
relevant clubs between the sporting seasons of his 12th and 23rd birthdays.
_______________________________________________________________________________________________________________
Solidarity Contribution for the player C
(Club A, X / Club B, Y)
3
6.
The Chamber noted that the transfer compensation at the basis of the present
dispute uncontestedly amounts to EUR 3’500’000.
7.
In the present case, the Chamber outlined that, on the one hand, the Claimant
asserts being entitled to receive 70.08% of 5% of the transfer compensation and
thus demands the sum of EUR 122,631.76. Furthermore, it is claiming interests of
5% p.a. as from 30 days as of the date of registration of the player for the
Respondent.
8.
On the other hand, the Chamber noted that the Respondent does not contest the
Claimant’s entitlement to solidarity contribution. The Chamber took due note of
the fact that, however, the Respondent is contesting the accuracy of the
Claimant’s calculations. According to the Respondent, the solidarity contribution
payable to the Claimant should actually be 2.775% of the transfer compensation,
i.e. EUR 97,125.
9.
The Chamber thus directly proceeded to the calculation of the relevant solidarity
contribution that is unmistakeably due by the Respondent to the Claimant in
accordance with art. 21 and annex 5 of the Regulations. In this respect, the
Chamber referred to art. 1 of annex 5 of the Regulations, which provides the
figures for the distribution of the solidarity contribution, according to the time the
player was effectively trained by the club(s) involved.
10.
With regard to the Respondent’s position concerning the calculation of the
solidarity contribution, the Chamber emphasised that the detailed calculations
submitted by the Respondent are based, among other things, on the number of
days that the player effectively played for the Claimant and take into account a
training period starting from 8 December 1991 (the player’s 12th birthday). Also,
the members of the Chamber pointed out that, for its calculations, the
Respondent used seasonal dates that were different to those confirmed by the X
Football Federation (1 July to 30 June as opposed to 1 January to 31 December).
11.
In this context, the Chamber was eager to stress that, firstly, any pro rata
calculation of the solidarity contribution would have to be based, in coherence
with its constant practice, on the number of months that the player was registered
with the training club. Secondly, the Chamber pointed out that the wording of
art. 1 of annex 5 of the Regulations was unambiguous about the starting point of
the period to be taken into account for the calculation of the solidarity
contribution: The solidarity contribution has to reflect the number of years the
player was registered with the relevant club between the seasons of his 12th and
23rd birthday. Consequently, the Chamber acknowledged that not the date of the
player’s 12th birthday was to be considered as the starting point of the relevant
calculation period, but the full period of registration of the player during the
season of the player’s 12th birthday is to be taken into account. Finally, the
Chamber concurred that its calculation of the solidarity contribution shall be based
_______________________________________________________________________________________________________________
Solidarity Contribution for the player C
(Club A, X / Club B, Y)
4
on the written confirmation of the relevant association, i.e. the X Football
Federation, and not on the undocumented allegation of the Respondent that the
relevant football seasons had started on 1 July and ended on 30 June.
12.
In the present case, the Chamber outlined that taking into account the
confirmation of the X Football Federation relating to the X season, i.e. as from
January to 31 December, the period to be taken into consideration for the
calculation of the solidarity contribution is the period of registration of the player
with the Claimant during the season of the player’s 12th birthday, i.e. as from 1
January 1991 until 31 December 1999, i.e. the football season of the player’s 20th
birthday. In this respect, the Chamber concluded that the period of registration to
be taken into account corresponds to nine sporting seasons.
13.
On account of the above, the Chamber established that, in accordance with the
breakdown provided for in art. 1 of annex 5 of the Regulations, the Claimant is
entitled to receive solidarity contribution for the period of nine football seasons,
i.e. 1991 to 1999, that is, the football season of the player’s 12th until the season of
the player’s 20th birthday, corresponding to 70% of the 5% of the compensation
paid in relation with the transfer of the player C from D to the Respondent.
14.
The Chamber recalled that according to the relevant transfer contract on file the
player in question was transferred for the amount of EUR 3’500’000.
15.
Based on all of the above, the Dispute Resolution Chamber decided that the
Respondent must pay to the Claimant 70% of the 5% of the said transfer
compensation and thus the sum of EUR 122’500.
16.
Finally, the Chamber acknowledged that the Claimant asks for interest of 5% p.a.
over the amount due as solidarity contribution payable as from 30 days of the
date on which the player was registered for the Respondent. In this respect, the
Chamber noted that according to art. 2 of annex 5 of the Regulations the new
club shall pay the solidarity contribution to the training club(s) no later than 30
days after the player’s registration and that the Y Football Federation had
confirmed that the player was registered for the Respondent on 28 July 2006.
Consequently, the Chamber decided that the Respondent has to pay to the
Claimant interest of 5% p.a. over the amount due as of the 31st day of the
registration of the player C with B, i.e. as of 28 August 2006.
_______________________________________________________________________________________________________________
Solidarity Contribution for the player C
(Club A, X / Club B, Y)
5
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, A, is partially accepted.
2.
The Respondent, B, has to pay the amount of EUR 122’500 plus interest at the rate
of 5% p.a. applicable as from 28 August 2006 to the Claimant, A, within 30 days
as from the date of notification of this decision.
3.
If the aforementioned sum plus interest are not paid within the aforementioned
deadline the present matter shall be submitted to FIFA’s Disciplinary Committee
for its consideration and decision.
4.
The Claimant is directed to inform the Respondent directly and immediately of the
account number to which the remittance is to be made and to notify the Dispute
Resolution Chamber of every payment received.
5.
According to art. 61 par. 1 of the FIFA Statutes, this decision may be appealed
against before the Court of Arbitration for Sport (CAS). The statement of appeal
must be sent to the CAS directly within 21 days of receipt of notification of this
decision and shall contain all the elements in accordance with point 2 of the
directives issued by the CAS, a copy of which we enclose hereto. Within another 10
days following the expiry of the time limit for filing the statement of appeal, the
appellant shall file a brief stating the facts and legal arguments giving rise to the
appeal with the CAS (cf. point 4 of the directives).
The full address and contact numbers of the CAS are the following:
Court of Arbitration for Sport
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
For the Dispute Resolution Chamber:
__________________________________
Jérôme Valcke
General Secretary
Encl.
CAS directives
_______________________________________________________________________________________________________________
Solidarity Contribution for the player C
(Club A, X / Club B, Y)
6